Clarifying that delayed appeals filed after a genuine wrong‐forum petition must be entertained without limitation objections, reaffirming the protective scope of Section 14; binding on subordinate authorities
Summary
| Category | Data |
|---|---|
| Case Name |
WP(C)/17648/2025 of KSHIROD KHUNTIA Vs THE TAHASILDAR, KUJANG CNR ODHC010429812025 |
| Date of Registration | 26-06-2025 |
| Decision Date | 19-08-2025 |
| Disposal Nature | Disposed Off |
| Judgment Author | MR. JUSTICE ANANDA CHANDRA BEHERA |
| Court | Orissa High Court |
| Bench | Single Judge |
| Precedent Value | Binding on Subordinate Authorities |
| Overrules / Affirms | Affirms existing law on condonation under Section 14 |
| Type of Law | Procedural Law / Limitation |
| Questions of Law | Whether delay in filing an appeal should be condoned under Section 14 of the Limitation Act, 1963 when petitioners bonafidely resorted to a writ petition in the wrong forum? |
| Ratio Decidendi |
The High Court held that where petitioners bona fide approach a wrong forum, delay in filing the proper appeal cannot be questioned and must be condoned under Section 14 of the Limitation Act. The appellate authority (Sub-Collector) is directed to entertain the appeal on production of this certified order, without raising limitation objections, and to dispose of it within three months after hearing the parties in compliance with natural justice. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate appellate authorities (e.g., Sub-Collectors) |
| Persuasive For | Other High Courts |
What’s New / What Lawyers Should Note
- Confirms that bona fide resort to a wrong forum by filing a writ petition entitles petitioners to condonation of delay under Section 14 of the Limitation Act.
- Directs appellate authorities to accept delayed appeals accompanied by the certified order, without limitation objections.
- Mandates disposal of such appeals within three months, with an opportunity to be heard and compliance with natural justice.
Summary of Legal Reasoning
- Petitioners had erroneously filed a writ petition instead of an appeal against the Tahasildar’s order dated 09.04.2025, thus approaching the wrong forum bonafidely.
- Section 14 of the Limitation Act protects litigants who file in the wrong forum bona fide, mandating condonation of any resulting delay.
- The High Court exercised its supervisory jurisdiction to direct the Sub-Collector to entertain the delayed appeal without raising limitation objections and ordered an expeditious three-month disposal after hearing the parties.
Factual Background
Petitioners challenged an order dated 09.04.2025 passed by the Tahasildar, Kujang, in Miscellaneous Case No. 49 of 2025. Instead of preferring the statutory appeal, they filed a writ petition before the High Court. Recognizing the mistake as bona fide, the High Court disposed of the writ and granted liberty to file the proper appeal before the Sub-Collector.
Statutory Analysis
- Section 14, Limitation Act, 1963: protects litigants who prosecute their case bona fide in the wrong forum by extending the period prescribed for other applications.
Procedural Innovations
- Novel direction that an appellate authority must waive limitation objections for appeals delayed due to a bona fide wrong-forum filing, upon production of the High Court’s certified order.
- Imposition of a three-month timeline for disposal of the condoned appeal to ensure expedition and compliance with natural justice.
Alert Indicators
- ✔ Precedent Followed